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วารสารกฎหมาย ศาลอุทธรณ์คดีชำานัญพิเศษ

On the other hand, the mandate of the national focal points is not clearly defined, and
perhaps it can eventually develop into a role played by the OECD’s organ of the similar

name. We do not know at this stage how this will develop.

Many ILO Conventions are now referred to in the OECD Guidelines. The latter,
with the relatively well-functioning system of NCPs, appears to have overtaken the ILO
in its endeavour to make the labour-related CSR codes more effective. The ILO appears

to have shifted the emphasis on promotional activities rather than relying on the reporting
exercise and the “interpretation” method.

Conclusion

The purpose of this paper was to show alternative ways to make ILS practically
applicable by utilizing various soft law tools. The degree of softness varies depending
on the tools: From very soft ones in the cases of CSR declarations by enterprises not

accompanied by certification, to harder ones, in which supply chain management
methods are employed or framework agreements are signed with GUFs. The NCPs in
the OECD Guidelines exercise a sort of conciliation function, which are more effective

than the ILO Tripartite Declaration, which is not accompanied with efficient follow-up
mechanisms. We can name a few more methods, which may contribute to a better

application of ILS, such as the socially oriented use of Sovereign Funds, promotion of
socially responsible investment (SRI) or ecological and social governance (ESG)
investments.

All of those soft means are useful, but they cannot replace the orthodox, treaty-

based approach of ratification of ILO Conventions and the classic supervision of their
application. The soft approach should be promoted only as subsidiary means to fill the
gap of non-ratification of important ILO Conventions. In the meantime, it would appear

necessary to ensure that the agents of the soft approach, be they public entities
conditioning public contracts or private enterprises requesting their supply chains to
adhere to a set of social goals, are fully conversant with the substantive contents of ILS.

We may need to certify a certifying entity. There was an example in this regard. The

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